This case would seem to fall under the animal being out of control and the handler not taking action to control it. It seems to me that according to this document the business can legally ask the handler to control the dog or leave the place of business.

This case would seem to fall under the animal being out of control and the handler not taking action to control it. It seems to me that according to this document the business can legally ask the handler to control the dog or leave the place of business.

Also, wasn't the animal in question identified as an emotional support animal, which wouldn't be covered as a service animal under the ADA anyway?

This case would seem to fall under the animal being out of control and the handler not taking action to control it. It seems to me that according to this document the business can legally ask the handler to control the dog or leave the place of business.

Also, wasn't the animal in question identified as an emotional support animal, which wouldn't be covered as a service animal under the ADA anyway?

The staff member behind the counter said she was told it was an emotional support animal.

Since this is about emotional support animals, I have a question: a friend of mine has recently had some major issues, and her therapist recommended she get an emotional support animal as she responds well to cats especially. However, her lease for her apartment says no pets. If its something that is "prescribed" by her psychiatrist, does she have any legal ground in being able to have the lease changed? And if she does, is there help she can get to help pay for the extra terms, such as an added pet deposit or pet rent per month?

It seems this is just another case of "rules are fo r others" You can define this dog as anything you want. The gm should have a policy, so that members can choose to quit and demand a refund of dues if policy is violated.

Since this is about emotional support animals, I have a question: a friend of mine has recently had some major issues, and her therapist recommended she get an emotional support animal as she responds well to cats especially. However, her lease for her apartment says no pets. If its something that is "prescribed" by her psychiatrist, does she have any legal ground in being able to have the lease changed? And if she does, is there help she can get to help pay for the extra terms, such as an added pet deposit or pet rent per month?

This is a fair housing act issue, not an ADA issue in your friends case. There's more info on that here (question 35 specifically) and here. Ultimately she would likely be able to have an emotional support animal. She would need to contact HUD to see if charging her a pet fee would be legal. If it is she'd need to contact a local organization for help, if one exists.

ESA’s do not have public rights of access like Service Dogs do. She shouldn’t even have it in the gym in the first place let alone off leash and uncontrolled. And definitely not drinking from the fountain which is gross! I have trained Service dogs and therapy dogs. I own one that didn’t pass because he was too easily distracted. The requirements to pass are huge and ESA owners just invalidate all that with their sometimes complete disregard for rules.

At least she didn't bring a miniature horse...which currently have an ADA status as follows:

In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

OMG miniature horse!!! If that was brought anywhere near me i'd be that person who was all "OMG HOW CUUUTEEE" and wanting to pet it even if it had the vest saying "don't pet me" (I wouldn't of course, but the desire would be there) and not minding if it sniffed me mid-deadlift.

But horse-loving and jokes aside, not, not even a miniature horse would be the best idea in a gym unless it was on a halter and next to the person and not drinking from the water fountain or being let loose to sniff people's butts.

At least she didn't bring a miniature horse...which currently have an ADA status as follows:

In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

OMG miniature horse!!! If that was brought anywhere near me i'd be that person who was all "OMG HOW CUUUTEEE" and wanting to pet it even if it had the vest saying "don't pet me" (I wouldn't of course, but the desire would be there) and not minding if it sniffed me mid-deadlift.

But horse-loving and jokes aside, not, not even a miniature horse would be the best idea in a gym unless it was on a halter and next to the person and not drinking from the water fountain or being let loose to sniff people's butts.

Seeing a horse in an airport restroom tends to spark questions like, “Is that real?” She enjoys indulging the question, she said, but on one occasion, she relished responding to a drunken woman with, “I don’t know what you are talking about.”